Abstract

http://ssrn.com/abstract=1573876
 
 

Citations (2)



 


 



The Social Construction of Regulation: Lessons from the War Against Command and Control


Timothy F. Malloy


University of California, Los Angeles (UCLA) - School of Law

March 17, 2010

Buffalo Law Review, Vol. 58, No. 2, April 2010
UCLA School of Law Research Paper No. 10-03

Abstract:     
Law reform is central to legal scholarship; most law review articles identify a problem with existing law and propose a solution. This article turns attention to how legal scholars identify problems worthy of reform. It presents the thirty year debate over regulatory reform in the environmental area as a cautionary tale about how myopic framing of “the problem” can unduly constrain the range of reforms considered. Using a constructionist framework drawn from social problems literature and empirical analysis of citation patterns in the legal literature, the article examines the means by which the community of scholars developed its collective view of the problem with command and control regulation. The article offers an alternative construction of the traditional regulatory system that offers a better fit to the available evidence and opens the door to different reforms. Recognizing the contextual nature of constructed accounts of regulation, it provides three recommendations for dealing with competing constructions in this area and in others.

Number of Pages in PDF File: 89

Keywords: environmental law, regulatory reform, constructionist approach to reform

Accepted Paper Series


Download This Paper

Date posted: March 23, 2010 ; Last revised: May 18, 2010

Suggested Citation

Malloy, Timothy F., The Social Construction of Regulation: Lessons from the War Against Command and Control (March 17, 2010). Buffalo Law Review, Vol. 58, No. 2, April 2010; UCLA School of Law Research Paper No. 10-03. Available at SSRN: http://ssrn.com/abstract=1573876

Contact Information

Timothy F. Malloy (Contact Author)
University of California, Los Angeles (UCLA) - School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
310-794-5278 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 843
Downloads: 189
Download Rank: 93,159
Citations:  2

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.344 seconds